Supreme Court of Canada Hearings

Société de l’Acadie du Nouveau-Brunswick v. The Right Honourable Prime Minister of Canada, et al. (41398)

On the advice of the Prime Minister of Canada, the Privy Council Office recommended that the Governor General issue an Order in Council appointing a Lieutenant Governor in New Brunswick who was not bilingual. At trial, that appointment was found inconsistent with the bilingualism requirements in ss. 16(2), 16.1(2) and 20(2) of the Charter. The Court of Appeal set aside that decision on the basis that the appointment of a Lieutenant Governor who was not bilingual did not infringe ss. 16(2), 16.1(1), 18(2) and 20(2) of the Charter. Argued Date 2025-11-13 Keywords Constitutional law — Charter of Rights — Language rights — Role of Lieutenant Governor in New Brunswick — Language requirement for Lieutenant Governor in New Brunswick — Whether Order in Council 2019 1325 dated September 4, 2019, infringes ss. 16(2), 16.1, 18(2) and 20(2) of Canadian Charter of Rights and Freedoms and, if so, what would be appropriate remedy. Notes (New Brunswick) (Civil) (By Leave) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Société de l’Acadie du Nouveau-Brunswick v. The Right Honourable Prime Minister of Canada, et al. (41398)

On the advice of the Prime Minister of Canada, the Privy Council Office recommended that the Governor General issue an Order in Council appointing a Lieutenant Governor in New Brunswick who was not bilingual. At trial, that appointment was found inconsistent with the bilingualism requirements in ss. 16(2), 16.1(2) and 20(2) of the Charter. The Court of Appeal set aside that decision on the basis that the appointment of a Lieutenant Governor who was not bilingual did not infringe ss. 16(2), 16.1(1), 18(2) and 20(2) of the Charter. Argued Date 2025-11-13 Keywords Constitutional law — Charter of Rights — Language rights — Role of Lieutenant Governor in New Brunswick — Language requirement for Lieutenant Governor in New Brunswick — Whether Order in Council 2019 1325 dated September 4, 2019, infringes ss. 16(2), 16.1, 18(2) and 20(2) of Canadian Charter of Rights and Freedoms and, if so, what would be appropriate remedy. Notes (New Brunswick) (Civil) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Ryan Alford v. Canada (Attorney General) (Day 2/2) (41336)

The National Security and Intelligence Committee of Parliamentarians Act (the “Act”) creates a committee of Parliamentarians (the “Committee”) appointed by the Governor-in-Council who are given the authority to access classified information pertaining to matters of national security and intelligence. The Committee is charged with the responsibility of preparing reports for the Prime Minister on the matters it inquires into.Where a proceeding is brought against a Committee member, based on the alleged improper disclosure of information obtained as a consequence of membership on the Committee, s. 12 of the Act expressly excludes any claim for parliamentary immunity. Statements made in Parliament or in a committee of Parliament can be the subject of a charge under the Act, or related statutory provisions, and statements made by Committee members in Parliament or in committee are admissible against the member to prove the alleged improper disclosure.Appellant Ryan Alford, a law professor, sought and was granted public interest standing to bring a challenge to the constitutionality of s. 12. He brought an application seeking a declaration that s. 12 was ultra vires Parliament. A judge of Ontario’s Superior Court of Justice granted the application and declared s. 12 ultra vires the Parliament of Canada and constitutionally invalid. The Court of Appeal for Ontario unanimously allowed Canada’s appeal. Argued Date 2025-11-06 Keywords Constitutional law — Canadian institutions — Parliament — Parliamentary privilege — National security — Parliament enacting legislation authorizing committee of parliamentarians to access classified information pertaining to matters of national security and intelligence — Legislation prohibiting committee members from disclosing protected information and eliminating immunity claims based on parliamentary privilege in proceedings arising from disclosure — Whether s. 12 of National Security and Intelligence Committee of Parliamentarians Act ultra vires Parliament’s power to enact legislation defining parliamentary privileges – Whether s. 12 abrogating privilege that is part of Constitution of Canada under s. 52 of the Constitution Act, 1982, which states that amendments to Constitution can only be made in accordance with Constitution’s own exclusive and explicit provisions for amendment — National Security and Intelligence Committee of Parliamentarians Act, S.C. 2017, c. 15, s. 12 — Constitution Act, 1867, s. 18 — Constitution Act, 1982, s. 52. Notes (Ontario) (Civil) (By Leave) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Ryan Alford v. Canada (Attorney General) (Day 2/2) (41336)

The National Security and Intelligence Committee of Parliamentarians Act (the “Act”) creates a committee of Parliamentarians (the “Committee”) appointed by the Governor-in-Council who are given the authority to access classified information pertaining to matters of national security and intelligence. The Committee is charged with the responsibility of preparing reports for the Prime Minister on the matters it inquires into.Where a proceeding is brought against a Committee member, based on the alleged improper disclosure of information obtained as a consequence of membership on the Committee, s. 12 of the Act expressly excludes any claim for parliamentary immunity. Statements made in Parliament or in a committee of Parliament can be the subject of a charge under the Act, or related statutory provisions, and statements made by Committee members in Parliament or in committee are admissible against the member to prove the alleged improper disclosure.Appellant Ryan Alford, a law professor, sought and was granted public interest standing to bring a challenge to the constitutionality of s. 12. He brought an application seeking a declaration that s. 12 was ultra vires Parliament. A judge of Ontario’s Superior Court of Justice granted the application and declared s. 12 ultra vires the Parliament of Canada and constitutionally invalid. The Court of Appeal for Ontario unanimously allowed Canada’s appeal. Argued Date 2025-11-06 Keywords Constitutional law — Canadian institutions — Parliament — Parliamentary privilege — National security — Parliament enacting legislation authorizing committee of parliamentarians to access classified information pertaining to matters of national security and intelligence — Legislation prohibiting committee members from disclosing protected information and eliminating immunity claims based on parliamentary privilege in proceedings arising from disclosure — Whether s. 12 of National Security and Intelligence Committee of Parliamentarians Act ultra vires Parliament’s power to enact legislation defining parliamentary privileges – Whether s. 12 abrogating privilege that is part of Constitution of Canada under s. 52 of the Constitution Act, 1982, which states that amendments to Constitution can only be made in accordance with Constitution’s own exclusive and explicit provisions for amendment — National Security and Intelligence Committee of Parliamentarians Act, S.C. 2017, c. 15, s. 12 — Constitution Act, 1867, s. 18 — Constitution Act, 1982, s. 52. Notes (Ontario) (Civil) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Ryan Alford v. Canada (Attorney General) (Day 1/2) (41336)

The National Security and Intelligence Committee of Parliamentarians Act (the “Act”) creates a committee of Parliamentarians (the “Committee”) appointed by the Governor-in-Council who are given the authority to access classified information pertaining to matters of national security and intelligence. The Committee is charged with the responsibility of preparing reports for the Prime Minister on the matters it inquires into.Where a proceeding is brought against a Committee member, based on the alleged improper disclosure of information obtained as a consequence of membership on the Committee, s. 12 of the Act expressly excludes any claim for parliamentary immunity. Statements made in Parliament or in a committee of Parliament can be the subject of a charge under the Act, or related statutory provisions, and statements made by Committee members in Parliament or in committee are admissible against the member to prove the alleged improper disclosure.Appellant Ryan Alford, a law professor, sought and was granted public interest standing to bring a challenge to the constitutionality of s. 12. He brought an application seeking a declaration that s. 12 was ultra vires Parliament. A judge of Ontario’s Superior Court of Justice granted the application and declared s. 12 ultra vires the Parliament of Canada and constitutionally invalid. The Court of Appeal for Ontario unanimously allowed Canada’s appeal. Argued Date 2025-11-05 Keywords Constitutional law — Canadian institutions — Parliament — Parliamentary privilege — National security — Parliament enacting legislation authorizing committee of parliamentarians to access classified information pertaining to matters of national security and intelligence — Legislation prohibiting committee members from disclosing protected information and eliminating immunity claims based on parliamentary privilege in proceedings arising from disclosure — Whether s. 12 of National Security and Intelligence Committee of Parliamentarians Act ultra vires Parliament’s power to enact legislation defining parliamentary privileges – Whether s. 12 abrogating privilege that is part of Constitution of Canada under s. 52 of the Constitution Act, 1982, which states that amendments to Constitution can only be made in accordance with Constitution’s own exclusive and explicit provisions for amendment — National Security and Intelligence Committee of Parliamentarians Act, S.C. 2017, c. 15, s. 12 — Constitution Act, 1867, s. 18 — Constitution Act, 1982, s. 52. Notes (Ontario) (Civil) (By Leave) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Ryan Alford v. Canada (Attorney General) (Day 1/2) (41336)

The National Security and Intelligence Committee of Parliamentarians Act (the “Act”) creates a committee of Parliamentarians (the “Committee”) appointed by the Governor-in-Council who are given the authority to access classified information pertaining to matters of national security and intelligence. The Committee is charged with the responsibility of preparing reports for the Prime Minister on the matters it inquires into.Where a proceeding is brought against a Committee member, based on the alleged improper disclosure of information obtained as a consequence of membership on the Committee, s. 12 of the Act expressly excludes any claim for parliamentary immunity. Statements made in Parliament or in a committee of Parliament can be the subject of a charge under the Act, or related statutory provisions, and statements made by Committee members in Parliament or in committee are admissible against the member to prove the alleged improper disclosure.Appellant Ryan Alford, a law professor, sought and was granted public interest standing to bring a challenge to the constitutionality of s. 12. He brought an application seeking a declaration that s. 12 was ultra vires Parliament. A judge of Ontario’s Superior Court of Justice granted the application and declared s. 12 ultra vires the Parliament of Canada and constitutionally invalid. The Court of Appeal for Ontario unanimously allowed Canada’s appeal. Argued Date 2025-11-05 Keywords Constitutional law — Canadian institutions — Parliament — Parliamentary privilege — National security — Parliament enacting legislation authorizing committee of parliamentarians to access classified information pertaining to matters of national security and intelligence — Legislation prohibiting committee members from disclosing protected information and eliminating immunity claims based on parliamentary privilege in proceedings arising from disclosure — Whether s. 12 of National Security and Intelligence Committee of Parliamentarians Act ultra vires Parliament’s power to enact legislation defining parliamentary privileges – Whether s. 12 abrogating privilege that is part of Constitution of Canada under s. 52 of the Constitution Act, 1982, which states that amendments to Constitution can only be made in accordance with Constitution’s own exclusive and explicit provisions for amendment — National Security and Intelligence Committee of Parliamentarians Act, S.C. 2017, c. 15, s. 12 — Constitution Act, 1867, s. 18 — Constitution Act, 1982, s. 52. Notes (Ontario) (Civil) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Zardev Inc. v. Joseph J. Dydzak, et al. (41291)

The respondents are owners of lots that border three lakes in Ville d’Estérel. Following the renewal of the cadastre of Ville d’Estérel in 2016, the respondents discovered that they were not owners of a submerged strip of land that goes around each of the lakes and is situated in front of their respective lots. The appellant claimed to own that strip of land, immatriculated separately in the cadastre as several lots, whereas the respondents stated that they own it. Through an application for a declaratory judgment, the respondents sought a declaration confirming that they are respectively owners of the submerged lots adjacent to the lands they own. The Quebec Superior Court dismissed their application, finding that the submerged lots are the property of the appellant. The Quebec Court of Appeal allowed the respondents’ appeal in part. It found that the submerged strip of land is accessory to the riparian lots pursuant to the doctrine of accessory. Argued Date 2025-11-10 Keywords Property — Immovables — Submerged lots — Extent of right of ownership near watercourses and lakes — Doctrine of accessory — Whether doctrine of accessory is applicable to lots submerged as result of construction of dam — If so, whether doctrine should apply only in residual manner, if doubt persists as to common intention of parties — Whether Court of Appeal erred in interfering, without identifying palpable and overriding error, with findings at trial concerning interpretion of words [TRANSLATION] “bounded by the lake” and common intention of parties. Notes (Quebec) (Civil) (By Leave) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Zardev Inc. v. Joseph J. Dydzak, et al. (41291)

The respondents are owners of lots that border three lakes in Ville d’Estérel. Following the renewal of the cadastre of Ville d’Estérel in 2016, the respondents discovered that they were not owners of a submerged strip of land that goes around each of the lakes and is situated in front of their respective lots. The appellant claimed to own that strip of land, immatriculated separately in the cadastre as several lots, whereas the respondents stated that they own it. Through an application for a declaratory judgment, the respondents sought a declaration confirming that they are respectively owners of the submerged lots adjacent to the lands they own. The Quebec Superior Court dismissed their application, finding that the submerged lots are the property of the appellant. The Quebec Court of Appeal allowed the respondents’ appeal in part. It found that the submerged strip of land is accessory to the riparian lots pursuant to the doctrine of accessory. Argued Date 2025-11-10 Keywords Property — Immovables — Submerged lots — Extent of right of ownership near watercourses and lakes — Doctrine of accessory — Whether doctrine of accessory is applicable to lots submerged as result of construction of dam — If so, whether doctrine should apply only in residual manner, if doubt persists as to common intention of parties — Whether Court of Appeal erred in interfering, without identifying palpable and overriding error, with findings at trial concerning interpretion of words [TRANSLATION] “bounded by the lake” and common intention of parties. Notes (Quebec) (Civil) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Pharmascience Inc. v. Janssen Inc., et al. (41209)

(CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)Canadian Patent No. 2,655,335 (“’335 Patent”), which was issued to Janssen Pharmaceutica N.V. for INVEGA SUSTENNA, involves a suspension of paliperidone palmitate for the treatment of schizophrenia and related disorders. The ’335 Patent teaches a dosing regimen to achieve an optimum plasma concentration-time profile. Its claims have been construed in previous litigation and are not in issue: Janssen Inc. v. Teva Canada Ltd., 2020 FC 593,; Janssen Inc. v. Pharmascience Inc., 2022 FC 62, aff’d 2024 FCA 10 (“PMS Paliperidone”)). Its disclosure indicated that “[t]hose of ordinary skill in the art will understand that the maintenance dose may be [adjusted] up or down in view of patients condition (response to the medication and renal function)”.Pharmascience Inc. has served two Notices of Allegation in respect of pms-PALIPERIDONE PALMITATE, its proposed generic version of INVEGA SUSTENNA. In 2020, Janssen’s infringement action related to Pharmascience’s Abbreviated New Drug Submission No. 236094 was discontinued on consent. Shortly thereafter, Pharmascience served a Notice of Allegation and Detailed Statement in respect of a different Abbreviated New Drug Submission — No. 244641 — seeking approval to market and sell doses of pms-PALIPERIDONE PALMITATE. Janssen again commenced an infringement action under s. 6(1) of the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133. In that proceeding, Pharmascience moved for summary trial. It was found that if Pharmascience’s pms-PALIPERIDONE PALMITATE was made, constructed, used or sold as set out in the Abbreviated New Drug Submission, it would influence prescribers to prescribe the dosing regimen claimed in the ’335 Patent, leading to direct infringement: PMS Paliperidone. The defence of invalidity went forward, with Janssen seeking a declaration that Pharmascience would infringe the ’335 Patent if it were to make, use or sell pms-PALIPERIDONE PALMITATE in 50, 75, 100 and 150 mg doses.The Federal Court found that the Patent was not invalid based on obviousness or for lack of patentable subject matter. The claims provided specified dosing regimens meant to produce a concentration of the medication within the therapeutic range. If a physician chose to use a dose other than that claimed, to stop treatment or to change therapies, they would no longer be practicing the claimed invention. The Court of Appeal dismissed Pharmascience’s appeal, finding that the use of the invention did not require the exercise of skill and judgment. Argued Date 2025-10-09 Keywords Intellectual property — Patents — Validity — Lack of patentable subject matter — Method of medical treatment — Vendible product — Skill and judgment — Fixed or variable dosing regimen — Canadian Patent No. 2,655,335 teaches dosing regimen that includes first loading dose, second loading dose and monthly maintenance doses — Regimen incorporates dosing windows of +/- 2 days for the second loading dose and +/- 7 days for the maintenance doses — Whether patent is invalid in that it claims an unpatentable method of medical treatment. Notes (Federal) (Civil) (By Leave) (Sealing order) (Certain information not available to the public) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Pharmascience Inc. v. Janssen Inc., et al. (41209)

(CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)Canadian Patent No. 2,655,335 (“’335 Patent”), which was issued to Janssen Pharmaceutica N.V. for INVEGA SUSTENNA, involves a suspension of paliperidone palmitate for the treatment of schizophrenia and related disorders. The ’335 Patent teaches a dosing regimen to achieve an optimum plasma concentration-time profile. Its claims have been construed in previous litigation and are not in issue: Janssen Inc. v. Teva Canada Ltd., 2020 FC 593,; Janssen Inc. v. Pharmascience Inc., 2022 FC 62, aff’d 2024 FCA 10 (“PMS Paliperidone”)). Its disclosure indicated that “[t]hose of ordinary skill in the art will understand that the maintenance dose may be [adjusted] up or down in view of patients condition (response to the medication and renal function)”.Pharmascience Inc. has served two Notices of Allegation in respect of pms-PALIPERIDONE PALMITATE, its proposed generic version of INVEGA SUSTENNA. In 2020, Janssen’s infringement action related to Pharmascience’s Abbreviated New Drug Submission No. 236094 was discontinued on consent. Shortly thereafter, Pharmascience served a Notice of Allegation and Detailed Statement in respect of a different Abbreviated New Drug Submission — No. 244641 — seeking approval to market and sell doses of pms-PALIPERIDONE PALMITATE. Janssen again commenced an infringement action under s. 6(1) of the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133. In that proceeding, Pharmascience moved for summary trial. It was found that if Pharmascience’s pms-PALIPERIDONE PALMITATE was made, constructed, used or sold as set out in the Abbreviated New Drug Submission, it would influence prescribers to prescribe the dosing regimen claimed in the ’335 Patent, leading to direct infringement: PMS Paliperidone. The defence of invalidity went forward, with Janssen seeking a declaration that Pharmascience would infringe the ’335 Patent if it were to make, use or sell pms-PALIPERIDONE PALMITATE in 50, 75, 100 and 150 mg doses.The Federal Court found that the Patent was not invalid based on obviousness or for lack of patentable subject matter. The claims provided specified dosing regimens meant to produce a concentration of the medication within the therapeutic range. If a physician chose to use a dose other than that claimed, to stop treatment or to change therapies, they would no longer be practicing the claimed invention. The Court of Appeal dismissed Pharmascience’s appeal, finding that the use of the invention did not require the exercise of skill and judgment. Argued Date 2025-10-09 Keywords Intellectual property — Patents — Validity — Lack of patentable subject matter — Method of medical treatment — Vendible product — Skill and judgment — Fixed or variable dosing regimen — Canadian Patent No. 2,655,335 teaches dosing regimen that includes first loading dose, second loading dose and monthly maintenance doses — Regimen incorporates dosing windows of +/- 2 days for the second loading dose and +/- 7 days for the maintenance doses — Whether patent is invalid in that it claims an unpatentable method of medical treatment. Notes (Federal) (Civil) (By Leave) (Sealing order) (Certain information not available to the public) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).